By John Tingle
The recently reported case of University College London Hospitals NHS Foundation Trust v MB [2020] EWHC 882 captures well the value of English common case law in resolving complex health care disputes within the context of the COVID-19 pandemic and more generally.
Mr Justice Chamberlain in the Queen’s Bench Division of the High Court of Justice ruled recently that a patient, known as MB, who had occupied an NHS bed for over a year, must vacate it and instead receive care in the community. Her room could be required urgently by COVID-19 patients and there would be an increased risk of MB contracting COVID-19 if she remained in hospital.